Digital Bill of Rights (Amendment) Bill

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amend the Digital Bill of Rights Act 2016 to provide enhanced protections for individuals in the digital era, and for connected purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Section One - Definitions

In this Act:

(1) “Personal Data” means any information relating to an identified or identifiable individual, as defined in applicable data protection laws.

(2) “Encryption” means the process of converting data into a code to prevent unauthorised access or disclosure.

Section Two - Amendments to the Digital Bill of Rights Act 2016

(1) Section 2 of the Digital Bill of Rights Act 2016 is amended as follows:

(a) Insert a new clause after clause 2(b):

"(c) Intercept or access personal data transmitted by or received by an individual without lawful authority, including obtaining a court order or complying with applicable data protection regulations."

(b) Insert a new clause after the new clause 2(c):

"(d) Employ censorship of digital content without appropriate legal authority, such as a court order."

(c) Insert a new clause after the new clause 2(d):

"(e) Impose restrictions on an individual's access to the Internet without lawful authority, including obtaining a court order or complying with applicable due process."

(d) Insert a new clause after the new clause 2(e):

"(f) Store personal data on individuals without appropriate encryption measures to safeguard against unauthorised access or disclosure."

(2) Section 3 of the Digital Bill of Rights Act 2016 is amended as follows:

(a) Replace clause 3(a) with the following:

"(a) Take reasonable steps to ensure the privacy and security of individuals' personal data on digital networks and communications networks. Consumers must be clearly informed about the type of information intended for public consumption and those intended for private use."

(b) Insert a new clause after clause 3(b):

"(c) Obtain explicit consent from consumers if their personal data is to be used for purposes other than the primary use of the communications network, and provide an accessible means for individuals to withdraw their consent and request the removal of their personal data within a reasonable time frame."

(c) Insert a new clause after the new clause 3(c):

"(d) Summarise the terms and conditions related to privacy, data protection, and information usage on a single page, ensuring user comprehension and clarity."

(d) Insert a new clause after the new clause 3(d):

"(e) Facilitate the right of individuals to access and remove their user-generated content from communications networks, except where otherwise required by applicable laws."

(3) Section 4 of the Digital Bill of Rights Act 2016 is amended as follows:

(a) Insert a new clause after clause 4(b):

"(c) Ensure that users, as the creators of content, retain ownership of their user-generated content on communications networks, subject to any agreements made between the user and the communications network."

(4) Section 5 of the Digital Bill of Rights Act 2016 is amended as follows:

(a) Replace clause 5(a) with the following:

"(a) Any person who contravenes the provisions of this Act shall be guilty of an offence."

(b) Insert a new clause after clause 5(b):

"(c) The maximum penalty for offences under this Act shall be determined as per the applicable data protection and privacy laws, with a custodial sentence of no more than five years and an unlimited fine."

(5) Section 6 of the Digital Bill of Rights Act 2016 is amended as follows:

(a) Insert a new clause after clause 6(a)vi:

"(vii) Review and update encryption requirements for governmental work and private communications annually, in consultation with relevant stakeholders and data protection authorities."

Section Three - Commencement, Short Title, and Extent

(1) This Act shall come in six months following receiving Royal Assent.

(2) This Act may be cited as the Digital Bill of Rights (Amendment) Bill Act 2023.

(3) This Act extends to the United Kingdom.

This Bill was written by the Chancellor of the Exchequer, His Grace the Most Honourable Sir /u/Sephronar KG GBE KCT LVO PC MP MSP FRS, the 1st Duke of Hampshire, 1st Marquess of St Ives, 1st Earl of St Erth, 1st Baron of Truro on behalf of His Majesty’s 33rd Government.

References to Legislation:

• Digital Bill of Rights Act 2016

Opening Speech:

Deputy Speaker,

As we find ourselves in the digital era, it is becoming more and more clear that our current laws need to change in order to keep up with the quickly changing technological world and protect our constituents’ rights and privacy.

We have a responsibility to act as the representatives of the people, and this Bill is an important step towards ensuring that people in the United Kingdom are safeguarded online.

A laudable attempt was made to address the problems brought on by the digital revolution through the Digital Bill of Rights Act of 2016. The passage of time and the ongoing development of technology, however, have highlighted areas that call for more focus and improvement. With these amendments, we have the chance to correct those issues and make sure that, in the face of unparalleled digital advancements and digital surveillance, the rights of our constituents are maintained and strengthened. The protection of personal data is one of the main tenets of this Bill. Our private information is susceptible to abuse and exploitation in this linked society. We must establish strong protections for personal data in light of the increase in cybercrime and data breaches, and we must hold government agencies and service providers accountable for upholding their obligations to protect this information. This Bill requires encryption technologies and specifies precise rules for data retention and deletion, ensuring that personal information is kept private and is not kept longer than necessary.

This Bill further emphasises how crucial openness and permission are in the digital sphere. People need to be given the knowledge and authority to decide how their data is used. By enacting this Bill, we require service providers to get express agreement before utilising users' personal information for functions unrelated to those of their networks' core infrastructure. Users should also be able to view, edit, and delete the user-generated material that they have posted on communication networks, giving them even more autonomy over their online identity.

The ability to use the internet is becoming a more essential component of participation in contemporary life. The Bill assures that censorship of digital information must follow due process guidelines and that limitations on Internet access may only be implemented with the correct legal authority, such as a court order.

This Bill is significant because it acknowledges the importance of intellectual property rights in the digital sphere. We promote creativity and innovation while offering a just framework for copyright protection by reiterating that users maintain ownership of their user-generated material. It also aims to promote ethical behaviour within the digital ecosystem in addition to limiting possible abuses. Businesses and organisations will be encouraged to give data protection, transparency, and ethical conduct top priority as a result of the obligations outlined in this Bill. We encourage the public's trust and confidence in the digital world by fostering an atmosphere that recognises and respects individual rights.

Our Government intends to fight for and uphold the rights and privacy of our constituents in the twenty-first century. It is our responsibility to make sure that the law stays up to date with and adjusts to these developments as technology continues to revolutionise the way people communicate, work, and live.

I hope that the House will join me in our attempt to do exactly that.

This division will end at 10pm on the 20th August.